2017 ORS 348.640¹
Administration of loans by private lenders
  • repayment to state
  • risk of loss

(1) The Director of the Office of Student Access and Completion shall provide funding to lenders pursuant to contracts which shall provide, among other things, the terms and conditions under which private sector lenders, using funding made available by the director, shall originate, service and administer loans pursuant to the alternative student loan program. Lenders shall receive and process loan applications from borrowers, perform credit analysis, approve or deny loan requests, and for loans that are approved, originate, document, administer and service the loans. The director shall make provision for payment to lenders of the reasonable costs of origination, servicing and administration of loans. Payment may be made directly by borrowers or by the director, as the director may determine.

(2) Loans shall be structured in such a manner that anticipated payments of principal and interest shall permit timely repayment of the revenue bonds to be issued by the State of Oregon pursuant to ORS 348.570 (Funds in State Treasury) and 348.625 (Definitions for ORS 348.570 and 348.625 to 348.695) to 348.695 (Rights and remedies of bondholders and trustees). As a condition of participation in the alternative student loan program by private sector lenders, the director shall procure from each such lender a guarantee or letter of credit ensuring that the director shall receive full and timely repayment of principal of and interest due on loans originated, serviced and administered by the lender. The director shall provide by contract for payment by the director or by borrowers, as the director may determine, of the reasonable costs of such guarantees or letters of credit. It is the intention of ORS 348.570 (Funds in State Treasury) and 348.625 (Definitions for ORS 348.570 and 348.625 to 348.695) to 348.695 (Rights and remedies of bondholders and trustees) that participating private sector lenders, not the director, shall bear the entire risk of loss, nontimely repayment or nonpayment of alternative student loan program loans. [1987 c.842 §5; 2011 c.637 §196; 2013 c.747 §130; 2017 c.66 §57]

1 Legislative Counsel Committee, CHAPTER 348—Student Aid; Education Stability Fund; Planning, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors348.­html (2017) (last ac­cessed Mar. 30, 2018).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.